africanlegalstudies.blog – Cutting edge analysis on key issues in African politics, law and development

What is Missing in the SADC Region with the Absence of the Human Rights Mandate in the SADC Tribunal?
Introduction The Southern African Development Cooperation (SADC) Tribunal is established under Article 9 of the Consolidated Text of the Treaty of the SADC (SADC Treaty). The Tribunal was launched in 2005 with powers and a mandate to interpret the SADC Treaty and Member States’ laws. The Tribunal enjoyed a human rights mandate by handling cases…
A Call for Constitutional Compliance: Children’s Voices Matter
The children’s sentiments above resonate with the idea of child participation as provided for in the Convention on the Rights of the Child, the African Children’s Charter, and echoed in the Malawi Constitution. In these instruments, it is stressed that children have the right to express their views in all matters that affect them and…
The Role of NGOs in Advocating for Children’s Rights in Education
It is undeniable that Non-Governmental Organisations (NGOs) play a significant role in promoting access to education for children in Malawi. Almost always, these NGOs operate in areas and situations where government resources seem to be limited. Through external funding, which could not be channelled through the government, NGOs have bridged the resource gap and managed…

Branching Scenario Tool
Environmental Law and Climate Justice: Case Study on the East African Crude Oil Pipeline Introduction Welcome to the Branching Scenarios Tool “Environmental Law and Climate Justice: Case Study on the East African Crude Oil Pipeline”! This digital tool was developed as part of a seminar held by the Chair of African Legal Studies at the…
Environmental Impact Assessment in Rwanda: Legal Framework and Challenges
Introduction Environmental impact assessments are essential processes used to evaluate the potential effects of a proposed project on the environment before implementation. In Africa, their integration into national legislation varies significantly, but most countries recognize their importance for sustainable development. Rwanda’s environmental law, Article 6, states that “The principle of information dissemination and incentives for…
International law instruments for greenhouse gas mitigation and sustainable development in Nigeria
Introduction Climate change in Nigeria could, for example, be attributed to the production of fossil fuels in which greenhouse gases (GHGs) are emitted. [1] A decrease in the production of fossil fuels is likely to affect the development of Nigeria. Hence, as a member of the Organisation of Petroleum Exporting Countries (OPEC), Nigeria will have…

Investment and Investor Protection in Somalia
Introduction With Somalia’s accession to the East African Community (EAC), the internal market of this community is also becoming increasingly attractive for foreign investments. A common market with over 300 million populations is developing, and there is not only a common internal market. It also has an excellent strategic location from the Indian Ocean to…
The East African Community: Past Experiences and Lessons for the Future
Introduction The East Africa Community (EAC) is one of the oldest regional economic blocs in the world.[1] Uganda, Kenya, and Tanzania, as members of EAC, had a customs union as early as 1927.[2] While this regional bloc collapsed in 1977, it was re-established in 2000 and grew from three to eight countries, including Uganda, Kenya,…
The Legal Analysis of Community Rights in Environment Decision-Making in the Federal Republic of Somalia
Introduction People often feel hopeless and powerless to protect the environment, themselves, their families and their individual rights. However, through the creative use of the law, a number of notable successes for the environment and people have been recorded in many countries.[1] Environmental decision-making in Somalia stands at the intersection of legal, social, and environmental considerations, with…

What is Missing in the SADC Region with the Absence of the Human Rights Mandate in the SADC Tribunal?
Introduction The Southern African Development Cooperation (SADC) Tribunal is established under Article 9 of the Consolidated Text of the Treaty of the SADC (SADC Treaty). The Tribunal was launched in 2005 with powers and a mandate to interpret the SADC Treaty and Member States’ laws. The Tribunal enjoyed a human rights mandate by handling cases…
Breaking Barriers: The Legal Struggles and Opportunities of Labor Migration Across Africa
Introduction Migration in Africa is more than a journey; it’s a dynamic intersection of hope, challenges, and opportunities. It acts as a place of origin, a transit point, and a destination for many individuals.[1] However, in addition, to searching for better opportunities, migrants face challenges like complicated legal processes, shifting borders, and altering regulations, which…
Red Sea Dreams: Ethiopia’s Challenges and Hopes Amid International Law and Geopolitics
Introduction Ethiopia is the second-most populous landlocked country in Africa, following Nigeria.[1] Historically, Ethiopia had access to the Red Sea for an extended period, iuntil Eritrea gained independence in 1993, which was achieved through a referendum. Since becoming landlocked, Ethiopia has faced multifaceted challenges due to the absence of a sustainable and regulated sea outlet,…